OEHHA announced that the 2022 meeting of the Carcinogen Identification Committee (“CIC”) will be held virtually on December 14, 2022. Among other issues, the CIC will consider listing Bisphenol A (“BPA”) on the Proposition 65 list as a chemical known to the State of California as causing cancer. (BPA has been listed as a chemical causing reproductive toxicity since April of 2013.) BPA was placed in the ‘high’ priority group for future listing consideration by the CIC at their November 2020 meeting.

On April 4, 2023, the California Court of Appeal’s Second District affirmed the trial court’s ruling in Ochoa v. Ford Motor Company and related cases, denying Ford’s motion to compel arbitration in a Lemon Law lawsuit. In so doing, the Second District split from the Court of Appeal’s Third District’s 2020 holding Felisilda v. FCA US LLC holding manufacturers could enforce arbitration provisions in car sale contracts between dealers and customers.

Dealership facility upgrades are a constant point of contention between factories and dealers. Factories can impose a wide range of facility demands, ranging from light brand image or signage updating, to complete facility refurbishment, rebuild, or even relocation. Dealers view many such requests as onerous and/or unlikely to provide any boost to sales.

We recently reported on various types of policies employers have adopted concerning cell phone use in California. California employers are required to reimburse a “reasonable” percentage of their employees’ cell phone, data and internet usage bill when said employees are required or expected to use their cell phone, data or internet connection for work-related purposes. This legal obligation arises from Labor Code Section 2802, which requires employers to reimburse their employees for “all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties.” One form of policy employers use to comply with this obligation is a “bring your own device policy” (“BYOD”). However, BYODs require diligent oversight to minimize risk of noncompliance. Different forms of BYOD exist that employers can implement, and each has its own benefits, administrative burdens, and risks.

Most of us enjoy a cup of coffee (or two) in the morning. In fact, we rely on it for the caffeine boost it provides. Other than the potential harmful effects of caffeine, we do not think that coffee can cause a major illness such as cancer or heart disease. But, unbeknownst to us, there has been a long running debate between California regulators, courts, business, and consumer advocates regarding whether drinking coffee can cause cancer.

The Consumer Privacy Rights Act (“CPRA”) amended the California Consumer Privacy Act of 2018 (“CCPA”). The CPRA also created the California Privacy Protection Agency (“Agency”) to implement and enforce laws for the CCPA. As part of the Agency’s rulemaking authorities, the Agency published their first set of regulations which, among other things, update previous regulations to conform with the amendments to the CCPA through the CPRA.

The U.S. auto retail sector has in recent years seen a growing number of foreign firms and individuals seeking to acquire dealerships here. Meanwhile, U.S. dealership groups are also starting to look across the border for acquisitions.

The CPAs from Rosenfield & Company, PLLC were recently approached by a small group who own a very successful dealership group in India that are looking to acquire dealerships here in the U.S. It is an indication of how foreign investors from near and far are eyeing the U.S. auto retail market as a lucrative investment opportunity.

Dalton Corporation, headquartered in Guadalajara, Mexico, recently acquired its first automotive franchises in the U.S. Dalton’s vice president of innovation and new ventures Juan Carlos Rodriguez Villava spoke with Getting to GO! about Dalton’s U.S. expansion plans and the importance of working with a law firm with experience in cross-border transactions.

In 2020, the National Labor Relations Board (“Board”) (controlled by President Trump appointees) issued two opinions (Baylor University Medical Center (369 NLRB No. 43) (“Baylor”) and IGT d/b/a International Game Technology (370 NLRB No. 50(“IGT”)) which made it easier for employers to present employees with or enforce severance packages and other agreements containing confidentiality and non-disparagement provisions.